Grayson v. State ex rel. Department of Health & Hospitals

hPLOTKIN, Judge.

The issue presented by this appeal is whether or not the trial court erred when it granted the Attorney General’s motion for summary judgment predicated on the constitutionality of La. R.S. 9:2798.1. We hold that the trial court erred in granting summary judgment because the issue of whether or not La. R.S. 9:2798.1 is constitutional is premature.

PROCEDURAL HISTORY:

Mrs. Charlene Grayson’s cause of action is for the wrongful death of her father, Jack Van Natta, who died after eating raw oysters infected with vibrio vulnificus while vacationing in New Orleans. Originally,…